Guaranteed protection for defendants in war crimes cases would allow convicted persons to avoid appealing to the European Court of Human Rights (ECHR), according to Inna Liniova, director of the Human Rights Institute of the Ukrainian Bar Association (UBA).
"We are not talking about defending Russian military personnel or collaborators because they are supposedly innocent. We are saying that in such cases ensuring defendants' right to defense is a critical interest of Ukraine. It is in Ukraine's interests to demonstrate that in this category of cases Ukraine is capable of ensuring all guarantees of the right to a fair trial. We do not want all those convicted to apply to the ECHR in several years and obtain rulings accusing Ukraine of violating the right to a fair trial, while also obliging Ukraine to pay just satisfaction," she said in an interview with Interfax-Ukraine.
Liniova said that currently around 97-98% of war crimes cases are being heard in the absence of the defendant.
"Such trials in absentia are acceptable from the standpoint of international standards, but in such cases it is especially important to ensure that defendants' rights are protected. However, we see that problems exist with the right to defense," she said.
